๐Ÿ“– State Executive โ€” Structure
  • Part VI ยท Articles 153โ€“167
  • Components: โœฆ Governor โ€” Constitutional/Nominal Head โœฆ Chief Minister โ€” Real Executive Head โœฆ Council of Ministers โ€” Aid & Advise Governor โœฆ Advocate General โ€” Highest Legal Officer
๐Ÿ’ก Quick Recall โ€” +89 Rule Link

The State executive broadly mirrors the Union structure: President โ†’ Governor, Prime Minister โ†’ Chief Minister, Attorney General โ†’ Advocate General, and Parliament โ†’ State Legislature. The +89 mnemonic helps recall several corresponding Article numbers.

โš  Exam Trap

A Governor holds office during the pleasure of the President; the five-year term is not guaranteed and removal may occur earlier. A Chief Minister formally holds office during the pleasure of the Governor.

๐Ÿ“‹ Key Articles โ€” State Executive
Article Subject
153 Governors of States
154 Executive Power of States
155 Appointment of Governor (by President)
157 Qualifications of Governor
160 Duties in contingency
161 Pardoning Power of Governor
162 Extent of Executive Power of State
163 Council of Ministers to aid & advise Governor
164(1) CM appointed by Governor
165 Advocate General of State
166 Nominal Executive โ€” Governor
213 Ordinance-making power of Governor
233 Judges of Subordinate Courts (Governor appoints)
๐Ÿ›๏ธ Governor โ€” Key Facts
  • Constitutional Head of the State
  • Nominal Executive Head Art 166 Real Power โ†’ Chief Minister
  • Chancellor of all State Universities
  • 1st Female Governor โ†’ Sarojini Naidu 1st Woman Gov. Governor of Uttar Pradesh (then United Provinces), 1947
๐Ÿ’ก Quick Recall

The Seventh Constitutional Amendment of 1956 permits one person to serve as Governor of more than one State. In such cases, the President determines the allocation of salary and allowances.

โœ… Qualifications (Art. 157)
Min. Age
35 yrs
Must be citizen of India
Term
5 years
At pleasure of President
Salary
โ‚น3.5 Lakh
Per month ยท from CF of State
Oath By
CJ of HC
Chief Justice of High Court
  • Must be a Citizen of India
  • Min. age 35 years
  • Must NOT be a Member of Parliament or State Legislature
  • Must NOT hold any office of profit
  • Appointment โ†’ By the President Art 155
  • Resignation โ†’ To the President
  • Salary from Consolidated Fund of the State
โš  Exam Trap

The Governor's oath is ordinarily administered by the Chief Justice of the High Court, while the President's oath is administered by the Chief Justice of India.

๐ŸŽฏ Appointments by Governor
๐Ÿ‘ฅ
Chairman, State Public Service Commission
State PSC
โš–๏ธ
Advocate General
Art. 165
๐Ÿ—ณ๏ธ
Chairman, State Election Commission
State Elections
๐Ÿ‘จโ€โš–๏ธ
Judges of Subordinate Courts
Art. 233
๐ŸŽ“
Vice-Chancellors of State Universities
As Chancellor
๐Ÿ’ฐ
State Finance Commission
Devolution of funds
โšก Powers of Governor
๐Ÿ“…
Summon & Prorogue State Legislature sessions
Also dissolve Legislative Assembly
๐Ÿ›๏ธ
Nominate 1/6th members in Legislative Council
In states with Vidhan Parishad
๐Ÿ“œ
Promulgate Ordinances Art 213
When State Legislature not in session
๐Ÿคฒ
Grant Pardon Art 161 โ€” Suspension, Remission, Commutation
โŒ Cannot pardon Death Penalty (only President can) ยท โŒ No jurisdiction over Court Martial
๐Ÿšจ
Recommend President's Rule (Art. 356)
In case of constitutional failure in State
๐Ÿ’ฐ
Operate State Contingency Fund
Emergency expenditure without Legislative approval
โš  Exam Trap

Under Article 161, a Governor may suspend, remit or commute a death sentence but cannot pardon it; the President may grant a pardon under Article 72.

๐Ÿ‘‘ Chief Minister โ€” Key Facts
  • Real Executive Head of the State
  • Head of the Council of Ministers
  • Leader of the Majority Party in Legislative Assembly
  • Chairman of State Planning Board
๐Ÿ’ก Quick Recall

The Chief Minister is the State-level counterpart of the Prime Minister. Under the parallel constitutional structure, the Prime Minister informs the President under Article 78, while the Chief Minister informs the Governor under Article 167.

โœ… Conditions of Office
Min. Age
25 yrs
Citizen of India
Appointment
Governor
Art. 164(1)
Term
5 years
At pleasure of Governor
Salary
By State
State Legislature decides
  • Must be Member of State Legislature If not, must get elected within 6 months
  • Appointed by Governor Art 164(1)
  • Resignation โ†’ To the Governor
โš  Exam Trap

The Governor administers the oath to the Chief Minister, not the Chief Justice of India or the High Court Chief Justice. A Chief Minister may be an MLA or MLC; a non-member must enter the State Legislature within six months.

โšก Powers of Chief Minister
๐Ÿช‘
Presides over meetings of Council of Ministers
๐Ÿ“‚
Distributes portfolios among ministers
๐Ÿ“…
Advises Governor to summon & dissolve Legislative Assembly
๐Ÿ‘ฅ
Recommends appointments & removals of ministers to Governor
๐Ÿšจ
Crisis Manager-in-Chief during Emergency
๐Ÿข Council of Ministers (State)
  • To aid and advise the Governor
  • Must be member of State Legislature If not, must get elected within 6 months
  • Appointed by Governor on advice of CM
  • Responsible to State Legislative Assembly
๐Ÿ’ก Quick Recall

Ministers can participate in committee discussions but do NOT have voting rights in Parliamentary committees โ€” same as Centre.

๐Ÿ“Š Strength of Council of Ministers
Category Rule Amendment
Maximum Strength 15% of total Members of Legislative Assembly 91st Amendment
Minimum Strength Not less than 12 Ministers 91st Amendment
Delhi (Special) Max 10% of Assembly or 7 (whichever is less) 69th Amendment
โš  Exam Trap

The 91st Amendment limits a State Council of Ministers to 15% of the Assembly's strength, subject to a minimum of 12 ministers. Delhi has a special ceiling of 10% of its Assembly strength under its constitutional arrangement.

โš–๏ธ Advocate General (Art. 165)
  • Highest Legal Officer of the State
  • Must be qualified to be a Judge of High Court
  • Appointed by the Governor
  • Main Role โ†’ Advise State Government on legal matters
  • Can participate in proceedings of State Legislature But CANNOT vote
  • Term โ†’ At the pleasure of the Governor
โš  Exam Trap

Under Article 165, an Advocate General must be qualified for appointment as a High Court judge. Under Article 76, the Attorney General must be qualified for appointment as a Supreme Court judge.

๐Ÿ’ก Quick Recall โ€” +89 Rule

The Attorney General under Article 76 and the Advocate General under Article 165 may participate in the proceedings of Parliament and the State Legislature respectively, but neither has a vote merely by virtue of that office.

๐Ÿ” Centre vs State โ€” Full Comparison
Feature ๐Ÿ”ต Centre ๐ŸŸข State
Constitutional Head President Governor
Real Executive Prime Minister Chief Minister
Chief Legal Officer Attorney General (Art. 76) Advocate General (Art. 165)
Qualification (Legal Officer) Judge of SC Judge of HC
Min. Age (Head) 35 yrs (President) 35 yrs (Governor)
Min. Age (Executive) 25 yrs (PM โ€” LS) 25 yrs (CM โ€” MLA)
Oath Administered by CJI CJ of High Court
Resignation to VP (President) / President (PM) President (Gov.) / Governor (CM)
Salary โ‚น5 Lakh (President) โ‚น3.5 Lakh (Governor)
Salary Source CF of India CF of State
Pardoning Power Art. 72 (incl. Death Penalty) Art. 161 (NO Death Penalty)
Ordinance Power Art. 123 Art. 213
Max Ministers 15% of LS (91st Amend.) 15% of Assembly (91st Amend.)
Min. Ministers Not specified 12 (91st Amendment)
Legislature Art. 79 (Parliament) Art. 168 (State Legislature)
โš  Exam Trap โ€” Most Common Confusions

Key distinctions: the High Court Chief Justice ordinarily administers the Governor's oath; a Governor cannot pardon a death sentence; the Governor's emoluments are charged on the Consolidated Fund of the State; and an Advocate General must be qualified as a High Court judge.

๐Ÿ’ก Quick Recall โ€” For BPSC

Current-affairs note in the source: Arif Mohammad Khan is listed as Governor of Bihar and Nitish Kumar as Chief Minister. Verify officeholders against the latest official information before an examination.

ยฉ ExamFusion Prep. All Rights Reserved.